Jury Finds Topete Guilty Of Killing Deputy
WOODLAND (CBS13) –- The jury in the trial of Marco Topete, accused of killing a Yolo County sheriff's deputy, found Topete guilty of first-degree murder with special enhancements that could result in the death penalty.
Topete shot Deputy Jose Antonio (Tony) Diaz in the back with a rifle after a car chase near Dunnigan in June 2008. Topete fired 17 shots at Diaz with a semi-automatic weapon.
The jury's verdict, guilty on all seven counts, was read Tuesday afternoon at about 3:45 in Yolo County Superior Court. The jury spent less than a full day deliberating after seven weeks of testimony.
The verdict includes special enhancements for killing a peace officer, being a felony in possession of a firearm and ammunition and also child endangerment. Topete could now face the death penalty. The sentencing phase of the trial begins later this month.
"I think justice was served," Yolo County Sheriff Ed Prieto said. "The jury spoke very loudly. Guilty on all counts. That's a pretty bold statement, and it didn't take them very long to reach that decision."
But a family member of Diaz's said the verdict doesn't erase the loss of a husband and father.
"Is there any really justice?" she said outside the courthouse. "He's never going to come back."
During the trial, prosecutors argued that Topete was a gang member who hated police and that during a high-speed chase he lured Diaz to a secluded, rural road, where Topete's friend lived.
The defense hoped jurors would believe their claim that Topete was under a high amount of stress at the time and suffering from ADHD.
